Nedela v. Mares Auto Co.

Plaintiff recovered a judgment against defendant for personal' injuries. This judgment was appealed to this court and reversed generally (Nedela v. Mares Auto Co., 106 Neb. 883), for the reason that the evidence showed that both plaintiff and defendant were under the employers’ liability act.

At the second trial defendant moved that plaintiff be required to elect ivhether he would proceed under the common law or under the employers’ liability act. Plaintiff stated that he had elected at the former trial to proceed under the common law, and he stood upon that election. At the close of…